After Oregon State missed the initial May 31 deadline to submit its opening brief with the transcript of the hearing in a Harney County Judge’s ruling that found gun control Measure 114 unconstitutional, the gun owners who challenged the measure have urged the Oregon Court of Appeals to dismiss the state’s appeal.
The delay appears to be the result of lags in finalizing the transcript record after the state lost its attempt to reinstate gun control Measure 114.
Attorney General (AG) Rosenblum of the Oregon Department of Justice (DOJ) indicated in February that the department wanted “Measure 114 [to] take effect now so Oregonians’ lives can be saved—now!”
Gun Control Measure 114 Appeal Delay in Oregon Appeal Court
The transcript of November’s eight-day trial in which Harney County Judge Robert S. Raschio struck down down the voter-approved measure has not yet been finalized. Measure 114 passed with 50.7% of the vote in 2022 but hasn’t taken effect yet as the courts first consider several challenges.
In his judgment, Raschio found two of the measure’s important provisions, a ban on the sale, transfer, and manufacture of magazines holding more than 10 rounds, and the requirement of a permit to buy a gun, violate Article 1, Section 27 of the state’s constitution establishing citizen’s right to bear arms.
The state submitted 20 pages of corrections to the initial 2,016-page draft of the trial transcript which Oregon Assistant Attorney General Robert A. Koch said contained significant errors that needed correcting.
A new transcript was scheduled to be finalized by last Tuesday and a clerk in the Appeals Court noted on the record that an amended copy of the transcript was certified and sent to the parties by the end of the day on Tuesday. Koch confirmed that the DOJ received the amended transcript at 2:56 p.m. the same day.
Before filing their opening brief, the state had to wait for a final transcript from the Harney County trial to be completed to make appropriate citations in the brief to trial testimony. Special counsel to AG Ellen Rosenblum, Michael Kron, said state appellate rules clarify that it’s impossible to submit an opening brief until the hearing’s transcript for the trial is approved. He said the hearing is automatically suspended until the transcript is finalized. Of the gun owners challenge, Kron said, “This is just noise.”
Gun Owners Ask Oregon Appeal Court To Dismiss Measure 114 Appeal
In April, the Appeal Court denied a state motion to put a hold on Raschio’s ruling but at the DOJ’s request agreed to expedite a decision on the state’s appeal. May 31 was the first deadline set for the state to file its opening written brief of arguments. Representing the gun owners fighting the measure, Attorney Tony L. Aiello Jr. said the Appeals Court did allow extensions in its filing schedule, but only under extraordinary circumstances. He said the court should now dismiss the state appeal because of the missed May deadline.
See also: Oregon’s Measure 114 Hearing Judge To Find Section Of Reduction Of Gun Violence Act Unconstitutional
Koch, for the state, argued that the state didn’t need to seek an extension to file its opening brief as they verified that the Appeals Court suspended the timeline for filing briefs pending a corrected transcript. Neither Aiellonor his clients received notice that the Appeals Court had “rescinded, suspended, tolled, or otherwise altered the briefing schedule it ordered.”
By of 5 p.m. on Monday, the filing did not appear on the appellate court’s docket and no ruling had been filed by the the court on an extended brief or on the gun owners’ motion to dismiss the appeal. Last week, the state also filed a motion to allow its opening brief to be extended beyond the current 10,000-word limit, to up to 15,000 words. Kron indicated that the state filed its opening brief on Friday afternoon.